Premises Liability Complaint - New Mexico

PREMISES LIABILITY COMPLAINT FOR DAMAGES — NEW MEXICO

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Duty of Care — Visitor Status
6. First Cause of Action — Negligence (Premises Liability)
7. Second Cause of Action — Failure to Warn
8. Third Cause of Action — Negligent Maintenance
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Verification
13. State-Specific Notes
14. Sources and References

1. CAPTION

STATE OF NEW MEXICO

COUNTY OF [COUNTY NAME]

[____] JUDICIAL DISTRICT COURT

2. PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY], [COUNTY] County, New Mexico.

2. Defendant [DEFENDANT FULL NAME] ("Defendant") is [an individual residing in / a corporation organized under the laws of / a limited liability company formed under the laws of] [STATE], and at all relevant times was the [owner / lessee / occupier / manager] of the real property located at [PROPERTY ADDRESS], [CITY], [COUNTY] County, New Mexico (the "Premises"). Defendant may be served with process at [ADDRESS FOR SERVICE].

3.

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to N.M. Const. art. VI, § 13.

5. Venue is proper in [COUNTY] County pursuant to NMSA 1978, § 38-3-1 because [state the applicable statutory venue ground].

4. FACTUAL ALLEGATIONS

6. At all relevant times, Defendant [owned / leased / occupied / managed / controlled] the Premises located at [PROPERTY ADDRESS], [CITY], New Mexico [ZIP CODE].

7. On or about [DATE OF INCIDENT], Plaintiff was [lawfully present on / entering / exiting] the Premises for the purpose of [PURPOSE OF VISIT].

8. At the time of the incident, there existed on the Premises a dangerous condition, specifically: [DESCRIBE DANGEROUS CONDITION IN DETAIL].

9. Defendant had [actual / constructive] knowledge of the dangerous condition because:

☐ Defendant created the dangerous condition.

☐ Defendant had actual knowledge of the condition through [DESCRIBE].

☐ The condition existed for a sufficient period of time that Defendant, in the exercise of reasonable care, should have discovered it.

☐ The condition was part of a recurring hazard known to Defendant.

10. As a direct result of the dangerous condition, Plaintiff [DESCRIBE INCIDENT] and sustained serious injuries.

5. DUTY OF CARE — VISITOR STATUS

11. At the time of the incident, Plaintiff was a visitor on the Premises with Defendant's [express / implied] consent and was not a trespasser.

12. Under UJI 13-1318 NMRA and Ford v. Board of County Commissioners, 1994-NMSC-077, Defendant owed Plaintiff ordinary care to keep the Premises safe for Plaintiff's use. [If supported: A reasonable inspection would have disclosed the condition / Defendant or Defendant's employee caused the condition.] The duty applies whether or not the condition was obvious.

6. FIRST CAUSE OF ACTION — NEGLIGENCE (PREMISES LIABILITY)

(Against [DEFENDANT NAME])

13. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 12 above.

14. Defendant owed Plaintiff a duty to exercise reasonable care in maintaining the Premises.

15. Defendant breached this duty by [failing to maintain / failing to inspect / failing to repair / failing to warn].

16. Defendant's breach was a proximate cause of Plaintiff's injuries and damages.

7. SECOND CAUSE OF ACTION — FAILURE TO WARN

(Against [DEFENDANT NAME])

17. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

18. Defendant knew or should have known of the dangerous condition.

19. Defendant failed to provide adequate warning to Plaintiff.

20. Defendant's failure to warn was a proximate cause of Plaintiff's injuries.

8. THIRD CAUSE OF ACTION — NEGLIGENT MAINTENANCE

(Against [DEFENDANT NAME])

21. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

22. Defendant had a duty to properly maintain the Premises.

23. Defendant negligently failed to perform required maintenance, specifically [DESCRIBE].

24. Defendant's negligent maintenance was a proximate cause of Plaintiff's injuries.

9. DAMAGES

25. As a proximate result of Defendant's negligence, Plaintiff has suffered the following damages:

a. Medical Expenses: Past and future reasonable and necessary medical expenses.

b. Lost Wages and Earning Capacity: Past and future loss of wages and earning capacity.

c. Physical Pain and Suffering: Past and future physical pain and suffering.

d. Mental Anguish: Past and future mental anguish and emotional distress.

e. Physical Impairment: Past and future physical impairment and disability.

f. Disfigurement: Past and future disfigurement.

g. Loss of Enjoyment of Life: Past and future loss of enjoyment of life.

h. Loss of Consortium: [IF APPLICABLE — Loss of consortium.]

i. Punitive Damages: [IF APPLICABLE — Where Defendant's conduct was willful, wanton, fraudulent, or in reckless disregard of Plaintiff's rights.]

10. JURY DEMAND

26. Plaintiff hereby demands a trial by jury on all issues triable by jury.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant as follows:

1. Compensatory damages in an amount to be determined at trial;
2. Punitive damages [IF APPLICABLE];
3. Pre-judgment and post-judgment interest;
4. Costs of suit;
5. Such other and further relief as the Court deems just and equitable.

Respectfully submitted,

[LAW FIRM NAME]

By: ________________________________________
[ATTORNEY NAME], NM Bar No. [NUMBER]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], New Mexico [ZIP CODE]
Telephone: [PHONE]
Facsimile: [FAX]
Email: [EMAIL]
Attorney for Plaintiff [PLAINTIFF NAME]

12. VERIFICATION

STATE OF NEW MEXICO
COUNTY OF [COUNTY NAME]

I, [PLAINTIFF FULL NAME], being first duly sworn upon oath, state that I have read the foregoing Complaint for Damages and that the facts stated therein are true and correct to the best of my knowledge and belief.

________________________________________
[PLAINTIFF FULL NAME]

SUBSCRIBED AND SWORN TO BEFORE ME on [DATE].

________________________________________
Notary Public
My Commission Expires: [DATE]

13. STATE-SPECIFIC NOTES

Premises Liability Framework. UJI 13-1318 NMRA imposes ordinary care toward a visitor and permits knowledge to be based on a reasonable inspection or creation of the condition when supported by the evidence. Ford v. Board of County Commissioners, 1994-NMSC-077, eliminated the invitee-licensee distinction but retained separate trespasser rules. Obviousness does not by itself eliminate the visitor duty.

Pure Comparative Fault. Under Scott v. Rizzo, 1981-NMSC-021, a plaintiff's negligence proportionally reduces recovery rather than completely barring it. NMSA 1978, § 41-3A-1 separately governs several liability and its exceptions.

Three-Year Statute of Limitations. NMSA 1978, § 37-1-8 provides three years for an injury to the person; analyze accrual, discovery, tolling, and claim characterization before calculating the deadline.

Government Claims. Section 41-4-16 generally requires written notice within 90 days to the designated statutory recipient, subject to its actual-notice, incapacity, and wrongful-death provisions. Section 41-4-15 generally requires suit within two years after the occurrence resulting in loss, injury, or death. Plead the exact immunity waiver, such as § 41-4-6 for qualifying operation or maintenance of buildings, public parks, machinery, equipment, or furnishings. Section 41-4-19 limits recovery and bars punitive damages and prejudgment interest.

Punitive Damages. Use only when supported by the current standard and facts. Punitive damages are unavailable in a Tort Claims Act judgment under § 41-4-19(D).

Damage Limits. Evaluate claim-specific statutes before alleging that damages are uncapped; § 41-4-19 caps Tort Claims Act recovery.

14. SOURCES AND REFERENCES

• Scott v. Rizzo, 1981-NMSC-021 — Pure comparative negligence
• NMSA 1978, § 41-3A-1 — Several liability and exceptions
• NMSA 1978, § 37-1-8 — Three-year statute of limitations
• NMSA 1978, § 41-4-1 to 41-4-27 — New Mexico Tort Claims Act
• NMSA 1978, § 41-4-6 — Government premises liability waiver
• NMSA 1978, § 41-4-15 — Two-year government suit deadline
• NMSA 1978, § 41-4-16 — 90-day notice requirement
• NMSA 1978, § 41-4-19 — Governmental liability limits
• Ford v. Board of County Commissioners, 1994-NMSC-077
• UJI 13-1318 NMRA — Slip and fall